WEST virginia legislature
2022 regular session
Committee Substitute
for
House Bill 4324
By Delegate Rohrbach
[Originating in the Committee on Health and Human Resources; reported on January 25, 2022]
A BILL to amend and reenact §30-5-4 and §30-5-19 of the Code of West Virginia, 1931, as amended, all relating to collaborative pharmacy practice; defining terms; setting forth requirements for different practice settings; prohibiting certain practices; and updating the terms of collaborative practice agreements.
Be it enacted by the Legislature of West Virginia:
ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS AND PHARMACIES.
§30-5-4. Definitions.
As used in this article:
(1) “Ambulatory health care facility” includes any
facility defined in section one, article five-b, chapter sixteen of this code,
that also has a pharmacy, offers pharmacist care, or is otherwise engaged in
the practice of pharmacist care.
(2) “Active Ingredients” means chemicals,
substances, or other components of articles intended for use in the diagnosis,
cure, mitigation, treatment, or prevention of diseases in humans or animals or
for use as nutritional supplements.
(3) “Administer” means the direct application of a
drug to the body of a patient or research subject by injection, inhalation,
ingestion or any other means.
(4) “Board” means the West Virginia Board of
Pharmacy.
(5) “Board authorization” means a license,
registration or permit issued under this article.
(6) “Chain Pharmacy Warehouse” means a permanent
physical location for drugs and/or devices that acts as a central warehouse and
performs intracompany sales and transfers of prescription drugs or devices to
chain pharmacies, which are members of the same affiliated group, under common
ownership and control.
(7) “Charitable clinic pharmacy” means a clinic or
facility organized as a not-for-profit corporation that has a pharmacy, offers
pharmacist care, or is otherwise engaged in the practice of pharmacist care and
dispenses its prescriptions free of charge to appropriately screened and
qualified indigent patients.
(8) “Collaborative pharmacy practice” is that
practice of pharmacist care where one or more pharmacists have jointly agreed,
on a voluntary basis, to work in conjunction with one or more physicians under
written protocol where the pharmacist or pharmacists may perform certain
patient care functions authorized by the physician or physicians under certain
specified conditions and limitations.
(9) “Collaborative pharmacy practice agreement” is
a written and signed agreement, which
is a physician directed approach, that is entered into between an individual
physician or physician group, and an individual pharmacist or
pharmacists and an individual patient or the patient’s authorized
representative who has given informed consent that provides for
collaborative pharmacy practice for the purpose of drug therapy management of a
patient, which has been approved by the board, the Board of Medicine in the
case of an allopathic physician or the West Virginia Board of Osteopathic
Medicine in the case of an osteopathic physician within 15 days of
submission or it deemed approved.
(10) “Common Carrier” means any person or entity
who undertakes, whether directly or by any other arrangement, to transport
property including prescription drugs for compensation.
(11) “Component” means any active ingredient or
added substance intended for use in the compounding of a drug product,
including those that may not appear in such product.
(12) “Compounding” means:
(A) The preparation, mixing, assembling, packaging or labeling of a drug or device:
(i) As the result of a practitioner’s prescription drug order or initiative based on the practitioner/patient/pharmacist relationship in the course of professional practice for sale or dispensing; or
(ii) For the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale or dispensing; and
(B) The preparation of drugs or devices in anticipation of prescription drug orders based on routine, regularly observed prescribing patterns.
(13) “Deliver” or “delivery” means the actual,
constructive or attempted transfer of a drug or device from one person to
another, whether or not for a consideration.
(14) “Device” means an instrument, apparatus,
implement or machine, contrivance, implant or other similar or related article,
including any component part or accessory, which is required under federal law
to bear the label, “Caution: Federal or state law requires dispensing by or on
the order of a physician.”
(15) “Digital Signature” means an electronic
signature based upon cryptographic methods of originator authentication, and
computed by using a set of rules and a set of parameters so that the identity
of the signer and the integrity of the data can be verified.
(16) “Dispense” or “dispensing” means the
interpretation, evaluation, and implementation of a prescription drug order,
including the preparation, verification and delivery of a drug or device to a
patient or patient’s agent in a suitable container appropriately labeled for
subsequent administration to, or use by, a patient.
(17) “Distribute” or “Distribution” means to sell,
offer to sell, deliver, offer to deliver, broker, give away, or transfer a
drug, whether by passage of title, physical movement, or both. The term does not
include:
(A) To dispense or administer;
(B) (i) Delivering or offering to deliver a drug by a common carrier in the usual course of business as a common carrier; or providing a drug sample to a patient by a practitioner licensed to prescribe such drug;
(ii) A health care professional acting at the direction and under the supervision of a practitioner; or the pharmacy of a hospital or of another health care entity that is acting at the direction of such a practitioner and that received such sample in accordance with the Prescription Drug Marketing Act and regulations to administer or dispense;
(iii) Intracompany sales.
(18) “Drop shipment” means the sale of a
prescription drug to a wholesale distributor by the manufacturer of the
prescription drug or by that manufacturer’s colicensed product partner, that
manufacturer’s third party logistics provider, that manufacturer’s exclusive
distributor, or by an authorized distributor of record that purchased the
product directly from the manufacturer or from one of these entities whereby:
(A) The wholesale distributor takes title to but not physical possession of such prescription drug;
(B) The wholesale distributor invoices the pharmacy, pharmacy warehouse, or other person authorized by law to dispense or administer such drug; and
(C) The pharmacy, pharmacy warehouse or other person authorized by law to dispense or administer such drug receives delivery of the prescription drug directly from the manufacturer or from that manufacturer’s colicensed product partner, that manufacturer’s third party logistics provider, that manufacturer’s exclusive distributor, or from an authorized distributor of record that purchased the product directly from the manufacturer or from one of these entities.
(19) “Drug” means:
(A) Articles recognized as drugs by the United States Food and Drug Administration, or in any official compendium, or supplement;
(B) An article, designated by the board, for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals;
(C) Articles, other than food, intended to affect the structure or any function of the body of human or other animals; and
(D) Articles intended for use as a component of any articles specified in paragraph (A), (B) or (C) of this subdivision.
(20) “Drug regimen review” includes, but is not
limited to, the following activities:
(A) Evaluation of the prescription drug orders and if available, patient records for:
(i) Known allergies;
(ii) Rational therapy-contraindications;
(iii) Reasonable dose and route of administration; and
(iv) Reasonable directions for use.
(B) Evaluation of the prescription drug orders and patient records for duplication of therapy.
(C) Evaluation of the prescription drug for interactions and/or adverse effects which may include, but are not limited to, any of the following:
(i) Drug-drug;
(ii) Drug-food;
(iii) Drug-disease; and
(iv) Adverse drug reactions.
(D) Evaluation of the prescription drug orders and if available, patient records for proper use, including overuse and underuse and optimum therapeutic outcomes.
(21) “Drug therapy management” means the review of
drug therapy regimens of patients by a pharmacist for the purpose of evaluating
and rendering advice to a physician regarding adjustment of the regimen in
accordance with the collaborative pharmacy practice agreement. Decisions
involving drug therapy management shall be made in the best interest of the
patient. Drug therapy management is limited to:
(A) Implementing, modifying and managing drug therapy according to the terms of the collaborative pharmacy practice agreement;
(B) Collecting and reviewing patient histories;
(C) Obtaining and checking vital signs, including
pulse, temperature, blood pressure and respiration Performing patient
evaluations;
(D) Ordering screening laboratory tests that are dose related and specific to the patient’s medication or are protocol driven and are also specifically set out in the collaborative pharmacy practice agreement between the pharmacist and physician.
(22) “Electronic data intermediary” means an entity
that provides the infrastructure to connect a computer system, hand-held
electronic device or other electronic device used by a prescribing practitioner
with a computer system or other electronic device used by a pharmacy to facilitate
the secure transmission of:
(A) An electronic prescription order;
(B) A refill authorization request;
(C) A communication; or
(D) Other patient care information.
(23) “E-prescribing” means the transmission, using
electronic media, of prescription or prescription-related information between a
practitioner, pharmacist, pharmacy benefit manager or health plan as defined in
45 CFR §160.103, either directly or through an electronic data intermediary. E-prescribing
includes, but is not limited to, two-way transmissions between the point of
care and the pharmacist. E-prescribing may also be referenced by the terms “electronic
prescription” or “electronic order”.
(24) “Electronic Signature” means an electronic
sound, symbol, or process attached to or logically associated with a record and
executed or adopted by a person with the intent to sign the record.
(25) “Electronic transmission” means transmission
of information in electronic form or the transmission of the exact visual image
of a document by way of electronic equipment.
(26) “Emergency medical reasons” include, but are
not limited to, transfers of a prescription drug by one pharmacy to another
pharmacy to alleviate a temporary shortage of a prescription drug; sales to
nearby emergency medical services, i.e., ambulance companies and firefighting
organizations in the same state or same marketing or service area, or nearby
licensed practitioners of prescription drugs for use in the treatment of
acutely ill or injured persons; and provision of minimal emergency supplies of
prescription drugs to nearby nursing homes for use in emergencies or during
hours of the day when necessary prescription drugs cannot be obtained.
(27) “Exclusive distributor” means an entity that:
(A) Contracts with a manufacturer to provide or coordinate warehousing, wholesale distribution, or other services on behalf of a manufacturer and who takes title to that manufacturer’s prescription drug, but who does not have general responsibility to direct the sale or disposition of the manufacturer’s prescription drug; and
(B) Is licensed as a wholesale distributor under this article.
(28) “FDA” means the Food and Drug Administration,
a federal agency within the United States Department of Health and Human
Services.
(29) “Health care entity” means a person that
provides diagnostic, medical, pharmacist care, surgical, dental treatment, or
rehabilitative care but does not include a wholesale distributor.
“Healthcare system” means an organization of people, institutions, and resources that deliver health care services to meet the health needs of target populations.
(30) “Health information” means any information,
whether oral or recorded in a form or medium, that:
(A) Is created or received by a health care provider, health plan, public health authority, employer, life insurer, school or university, or health care clearinghouse, and
(B) Relates to the past, present, or future physical or mental health or condition of an individual; or the past, present, or future payment for the provision of health care to an individual.
(31) “HIPAA” is the federal Health Insurance
Portability and Accountability Act of 1996 (Public Law 104-191).
(32) “Immediate container” means a container and
does not include package liners.
(33) “Individually identifiable health information”
is information that is a subset of health information, including demographic
information collected from an individual and is created or received by a health
care provider, health plan, employer, or health care clearinghouse; and relates
to the past, present, or future physical or mental health or condition of an
individual; the provision of health care to an individual; or the past,
present, or future payment for the provision of health care to an individual;
and that identifies the individual; or with respect to which there is a
reasonable basis to believe the information can be used to identify the
individual.
(34) “Intracompany sales” means any transaction
between a division, subsidiary, parent, and/or affiliated or related company
under the common ownership and control of a corporate or other legal business
entity.
(35) “Label” means a display of written, printed,
or graphic matter upon the immediate container of any drug or device.
(36) “Labeling” means the process of preparing and
affixing a label to a drug container exclusive, however, of a labeling by a
manufacturer, packer or distributor of a nonprescription drug or commercially
packaged prescription drug or device.
(37) “Long-Term care facility” means a nursing
home, retirement care, mental care, or other facility or institution that
provides extended health care to resident patients.
(38) “Mail-order pharmacy” means a pharmacy,
regardless of its location, which dispenses greater than twenty-five percent
prescription drugs via the mail or other delivery services.
(39) “Manufacturer” means any person who is engaged
in manufacturing, preparing, propagating, processing, packaging, repackaging or
labeling of a prescription drug, whether within or outside this state.
(40) “Manufacturing” means the production,
preparation, propagation or processing of a drug or device, either directly or
indirectly, by extraction from substances of natural origin or independently by
means of chemical or biological synthesis and includes any packaging or
repackaging of the substance or substances or labeling or relabeling of its
contents and the promotion and marketing of the drugs or devices. Manufacturing
also includes the preparation and promotion of commercially available products
from bulk compounds for resale by pharmacies, practitioners or other persons.
(41) “Medical order” means a lawful order of a
practitioner that may or may not include a prescription drug order.
(42) “Medication therapy management” is a distinct
service or group of services that optimize medication therapeutic outcomes for
individual patients. Medication therapy management services are independent of,
but can occur in conjunction with, the provision of a medication or a medical
device. Medication therapy management encompasses a broad range of professional
activities and responsibilities within the licensed pharmacist’s scope of
practice.
These services may include the following, according to the individual needs of the patient:
(A) Performing or obtaining necessary assessments of the patient’s health status pertinent to medication therapy management;
(B) Optimize medication use, performing medication therapy, and formulating recommendations for patient medication care plans;
(C) Developing therapeutic recommendations, to resolve medication related problems;
(D) Monitoring and evaluating the patient’s response to medication therapy, including safety and effectiveness;
(E) Performing a comprehensive medication review to identify, resolve, and prevent medication-related problems, including adverse drug events;
(F) Documenting the care delivered and communicating essential information to the patient’s primary care providers;
(G) Providing verbal education and training designed to enhance patient understanding and appropriate use of his or her medications;
(H) Providing information, support services and resources designed to enhance patient adherence with his or her medication therapeutic regimens;
(I) Coordinating and integrating medication therapy management services within the broader health care management services being provided to the patient; and
(J) Such other patient care services as may be allowed by law.
(43) “Misbranded” means a drug or device that has a
label that is false or misleading in any particular; or the label does not bear
the name and address of the manufacturer, packer, or distributor and does not
have an accurate statement of the quantities of the active ingredients in the
case of a drug; or the label does not show an accurate monograph for
prescription drugs.
(44) “Nonprescription drug” means a drug which may
be sold without a prescription and which is labeled for use by the consumer in
accordance with the requirements of the laws and rules of this state and the
federal government.
(45) “Normal distribution channel” means a chain of
custody for a prescription drug that goes directly or by drop shipment, from a
manufacturer of the prescription drug, the manufacturer’s third-party logistics
provider, or the manufacturer’s exclusive distributor to:
(A) A wholesale distributor to a pharmacy to a patient or other designated persons authorized by law to dispense or administer such prescription drug to a patient;
(B) A wholesale distributor to a chain pharmacy warehouse to that chain pharmacy warehouse’s intracompany pharmacy to a patient or other designated persons authorized by law to dispense or administer such prescription drug to a patient;
(C) A chain pharmacy warehouse to that chain pharmacy warehouse’s intracompany pharmacy to a patient or other designated persons authorized by law to dispense or administer such prescription drug to a patient;
(D) A pharmacy or to other designated persons authorized by law to dispense or administer such prescription drug to a patient; or
(E) As prescribed by the board’s legislative rules.
(46) “Patient counseling” means the communication
by the pharmacist of information, as prescribed further in the rules of the
board, to the patient to improve therapy by aiding in the proper use of drugs
and devices.
(47) “Pedigree” means a statement or record in a
written form or electronic form, approved by the board, that records each
wholesale distribution of any given prescription drug (excluding veterinary
prescription drugs), which leaves the normal distribution channel.
(48) “Person” means an individual, corporation,
partnership, association or any other legal entity, including government.
(49) “Pharmacist” means an individual currently
licensed by this state to engage in the practice of pharmacist care.
(50) “Pharmacist Care” means the provision by a
pharmacist of patient care activities, with or without the dispensing of drugs
or devices, intended to achieve outcomes related to the cure or prevention of a
disease, elimination or reduction of a patient’s symptoms, or arresting or
slowing of a disease process and as provided for in section ten.
(51) “Pharmacist-in-charge” means a pharmacist
currently licensed in this state who accepts responsibility for the operation
of a pharmacy in conformance with all laws and legislative rules pertinent to
the practice of pharmacist care and the distribution of drugs and who is
personally in full charge of the pharmacy and pharmacy personnel.
(52) “Pharmacist’s scope of practice pursuant to
the collaborative pharmacy practice agreement” means those duties and
limitations of duties placed upon the pharmacist by the collaborating physician,
as jointly approved by the board and the Board of Medicine or the West Virginia
Board of Osteopathic Medicine.
(53) “Pharmacy” means any place within this state
where drugs are dispensed and pharmacist care is provided and any place outside
of this state where drugs are dispensed and pharmacist care is provided to
residents of this state.
(54) “Pharmacy Intern” or “Intern” means an
individual who is currently licensed to engage in the practice of pharmacist
care while under the supervision of a pharmacist.
(55) “Pharmacy related primary care” means the
pharmacist’s activities in patient education, health promotion, selection and
use of over the counter drugs and appliances and referral or assistance with
the prevention and treatment of health related issues and diseases.
(56) “Pharmacy Technician” means a person
registered with the board to practice certain tasks related to the practice of
pharmacist care as permitted by the board.
(57) “Physician” means an individual currently
licensed, in good standing and without restrictions, as an allopathic physician
by the West Virginia Board of Medicine or an osteopathic physician by the West
Virginia Board of Osteopathic Medicine.
(58) “Practice of telepharmacy” means the provision
of pharmacist care by properly licensed pharmacists located within United
States jurisdictions through the use of telecommunications or other
technologies to patients or their agents at a different location that are
located within United States jurisdictions.
(59) “Practitioner” means an individual authorized
by a jurisdiction of the United States to prescribe drugs in the course of
professional practices, as allowed by law.
(60) “Prescription drug” means any human drug
required by federal law or regulation to be dispensed only by prescription,
including finished dosage forms and active ingredients subject to section
503(b) of the federal food, drug and cosmetic act.
(61) “Prescription or prescription drug order”
means a lawful order from a practitioner for a drug or device for a specific
patient, including orders derived from collaborative pharmacy practice, where a
valid patient-practitioner relationship exists, that is communicated to a
pharmacist in a pharmacy.
(62) “Product Labeling” means all labels and other
written, printed, or graphic matter upon any article or any of its containers
or wrappers, or accompanying such article.
(63) “Repackage” means changing the container,
wrapper, quantity, or product labeling of a drug or device to further the
distribution of the drug or device.
(64) “Repackager” means a person who repackages.
(65) “Therapeutic equivalence” mean drug products
classified as therapeutically equivalent can be substituted with the full
expectation that the substituted product will produce the same clinical effect
and safety profile as the prescribed product which contain the same active
ingredient(s); dosage form and route of administration; and strength.
(66) “Third-party logistics provider” means a
person who contracts with a prescription drug manufacturer to provide or
coordinate warehousing, distribution or other services on behalf of a manufacturer,
but does not take title to the prescription drug or have general responsibility
to direct the prescription drug’s sale or disposition. A third-party logistics
provider shall be licensed as a wholesale distributor under this article and,
in order to be considered part of the normal distribution channel, shall also
be an authorized distributor of record.
(67) “Valid patient-practitioner relationship”
means the following have been established:
(A) A patient has a medical complaint;
(B) A medical history has been taken;
(C) A face-to-face physical examination adequate to establish the medical complaint has been performed by the prescribing practitioner or in the instances of telemedicine through telemedicine practice approved by the appropriate practitioner board; and
(D) Some logical connection exists between the medical complaint, the medical history, and the physical examination and the drug prescribed.
(68) “Wholesale distribution” and “wholesale
distributions” mean distribution of prescription drugs, including directly or
through the use of a third-party logistics provider or any other situation in
which title, ownership or control over the prescription drug remains with one
person or entity but the prescription drug is brought into this state by
another person or entity on his, her or its behalf, to persons other than a
consumer or patient, but does not include:
(A) Intracompany sales, as defined in subdivision thirty-four of this subsection;
(B) The purchase or other acquisition by a hospital or other health care entity that is a member of a group purchasing organization of a drug for its own use from the group purchasing organization or from other hospitals or health care entities that are members of such organizations;
(C) The sale, purchase or trade of a drug or an offer to sell, purchase or trade a drug by a charitable organization described in section 501(c)(3) of the United States Internal Revenue Code of 1986 to a nonprofit affiliate of the organization to the extent otherwise permitted by law;
(D) The sale, purchase or trade of a drug or an offer to sell, purchase or trade a drug among hospitals or other health care entities that are under common control. For purposes of this article, “common control” means the power to direct or cause the direction of the management and policies of a person or an organization, whether by ownership of stock, voting rights, by contract, or otherwise;
(E) The sale, purchase or trade of a drug or an offer to sell, purchase or trade a drug for “emergency medical reasons” for purposes of this article includes transfers of prescription drugs by a retail pharmacy to another retail pharmacy to alleviate a temporary shortage, except that the gross dollar value of such transfers shall not exceed five percent of the total prescription drug sales revenue of either the transferor or transferee pharmacy during any twelve consecutive month period;
(F) The sale, purchase or trade of a drug, an offer to sell, purchase, or trade a drug or the dispensing of a drug pursuant to a prescription;
(G) The distribution of drug samples by manufacturers’ representatives or distributors’ representatives, if the distribution is permitted under federal law [21 U. S. C. 353(d)];
(H) Drug returns by a pharmacy or chain drug warehouse to wholesale drug distributor or the drug’s manufacturer; or
(J) The sale, purchase or trade of blood and blood components intended for transfusion.
(69) “Wholesale drug distributor” or “wholesale
distributor” means any person or entity engaged in wholesale distribution of
prescription drugs, including, but not limited to, manufacturers, repackers,
own-label distributors, jobbers, private-label distributors, brokers,
warehouses, including manufacturers’ and distributors’ warehouses, chain drug
warehouses and wholesale drug warehouses, independent wholesale drug traders,
prescription drug repackagers, physicians, dentists, veterinarians, birth
control and other clinics, individuals, hospitals, nursing homes and/or their
providers, health maintenance organizations and other health care providers,
and retail and hospital pharmacies that conduct wholesale distributions,
including, but not limited to, any pharmacy distributor as defined in this
section. A wholesale drug distributor shall not include any for hire carrier or
person or entity hired solely to transport prescription drugs.
§30-5-19. Collaborative pharmacy practice agreement.
(a) A pharmacist engaging in collaborative pharmacy
practice shall have on file at his or her place of practice the collaborative
pharmacy practice agreement. The existence and subsequent termination of the
agreement and any additional information the rules may require concerning the
agreement, including the agreement itself, shall be made available to the
appropriate licensing board for review upon request. The agreement may allow
the pharmacist, within the pharmacist’s scope of practice pursuant to the
collaborative pharmacy practice agreement, to conduct drug therapy management
activities approved by the collaborating physician. The collaborative pharmacy
practice agreement shall be a voluntary process, which is a physician directed
approach after informed consent of the patient and noted in the patient’s
medical record, that is entered into between an individual physician or
physician group and an individual pharmacist or pharmacists. A
pharmacist may not diagnose. and an individual patient or the patient’s
authorized representative who has given informed consent as per subsection (c).
(b) A collaborative pharmacy practice agreement may authorize a pharmacist to provide drug therapy management. In instances where drug therapy is discontinued, the pharmacist shall notify the treating physician of the discontinuance in the time frame and in the manner established by joint legislative rules. Each protocol developed, pursuant to the collaborative pharmacy practice agreement, shall contain detailed direction concerning the services that the pharmacists may perform for that patient. The protocol shall include, but need not be limited to:
(1) The specific drug or drugs to be managed by the pharmacist;
(2) The terms and conditions under which drug therapy may be implemented, modified or discontinued;
(3) The conditions and events upon which the pharmacist is
required to notify the physician; and
(4) The laboratory tests that may be ordered in accordance with drug therapy management; and
(5) The patient evaluations the pharmacist may conduct.
(c) All activities performed by the pharmacist in conjunction with the protocol shall be documented in the patient’s medical record. The pharmacists shall report at least every thirty days to the physician regarding the patient’s drug therapy management. The collaborative pharmacy practice agreement and protocols shall be available for inspection by the board, the West Virginia Board of Medicine, or the West Virginia Board of Osteopathic Medicine, depending on the licensing board of the participating physician. A copy of the protocol shall be filed in the patient’s medical record.
(d) Collaborative pharmacy agreements may not include the management of controlled substances.
(e) A collaborative pharmacy practice agreement, meeting
the requirements herein established and in accordance with joint rules, shall
be allowed in the hospital setting, the nursing home setting, the medical
school setting and the hospital, community-based pharmacy setting and
ambulatory care clinics. The pharmacist shall be employed by or under contract
to provide services to the hospital, community pharmacy, nursing home, ambulatory
care clinic, or medical school, or hold a faculty appointment with one of
the schools of pharmacy or medicine in this state.
(f) Within a healthcare system, a collaborative pharmacy practice agreement approved by the hospital’s pharmacy and therapeutic committee or similar medical executive committee if one does not exist, shall satisfy the approval requirement for collaborative pharmacy practice agreements.
(f) (g) If either board rejects a collaborative
practice agreement, the applicant may appeal the decision pursuant to §29A-1-1 et
seq. The board which rejected the application, shall obtain the services
of an administrative law judge to hear the appeal. The decision of the
administrative law judge is final.
(h) Nothing pertaining to collaborative pharmacy practice shall be interpreted to permit a pharmacist to accept delegation of a physician’s authority outside the limits included in the appropriate board’s statute and rules.
NOTE: The purpose of this bill is to update collaborative pharmacy practice agreements.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.